Vale to pay Xikrin villages

FEDERAL COURT of APPEAL held that villages were affected by mining in the region.Cases of fetal malformation have been proven in studies.

The Xikrin Indians protest in Maraba by improvement of health Indian House (photo: Evandro Corrêa/OLiberal)

The Xikrin Indians suffer from contamination of the Cateté River, in the southeast of Pará. (Photo: Evandro Corrêa/OLiberal)

The Federal Regional Court of the 1st Region ordered the company’s worth deposit monthly R$ 3,000,000 for three villages affected by the Xikrin Onça Puma venture, nickel extraction, in the southeast of Pará. The story of the G1 Stop got in touch with the Vale and wait for an answer.

From the next day on September 19, according to the decision of Judge Antonio Souza Prudente, the Vale will have to deposit the monthly $ 1 million for each of the three Xikrin villages affected by the Onça Puma: the odjã, Dudjekô and Cateté-. The values should be passed around until the Vale meets the environmental compensation obligations relating to the project, that never took effect.

The decision meets indigenous Xikrin associations request and had a favourable opinion of the Federal prosecutors. Last month, Xikrin and MPF signed a conduct adjustment term that defined exactly how to apply the capabilities of environmental compensation da Onça Puma.

The three Xikrin villages of the region of Cateté, in the southeast of Pará, between the towns of Ourilandia do Norte, São Félix do Xingu and Parauapebas, were surrounded on almost all sides by one of the most polluting economic activities, mining. Are 14 enterprises in total, extracting copper, nickel and other minerals, all owned by Vale.

One of the developments of extraction and processing of nickel, called Onça Puma, in seven years of activity contaminated with heavy metals the Cateté and changed the lives of the approximately 1300 Xikrin. Cases of fetal malformation and serious diseases have been proven in studies.

Note the Vale

The Vale reported that it was subpoenaed the Court decision and that the appropriate judicial measures joined aiming to suspend the injunction that determines the payment of R$3,000,000 monthly and the release of part of the values indigenous Xikrin community blocked.

The Vale accounted for even though the Onça Puma, Ourilândia do Norte, Southeast of the State, is regularly licensed by the Ministry of environment and sustainability of the State of Pará (Semes), with attendance of all the constraints established by the environmental agency and the National Indian Foundation (Funai).

According to the mining company, for years tries to perform the actions of the basic environmental Plan (PBA) inside the Xikrin indigenous area of Cateté, but faces resistance from the indigenous. He keeps the company’s access denial, even after determination of the Supreme Court (STF), according to the company.

The Vale still reports that undertook with the MPF to cover the hiring of coach to monitor the implementation of the PBA, but would be waiting for an indication of the federal prosecutors. The company has already presented to technical studies, demonstrating that activities in Onça Puma do not generate pollution of the Cateté River.

With respect to the conduct adjustment Term (TAC), Vale said it believes that the agreement concluded with indigenous peoples regarding the allocation of financial resources stimulates litigation, since it generates expectation of receiving values, which are still in litigation.

Vale highlighted in notes that to date, the Indians fail to comply with the court order to provide account of R$1.7 million , already raised.

With regard to resource allocations, the Vale reported that develops productivity and infrastructure projects by the Xikrin and Ark community monthly with the health insurance of all the inhabitants of the villages. In all, the company claims pass to indigenous about of R$13,000,000 per year.

~~~

8/12/2016Ethnicity Xikrin agrees mining compensation value in ParáIndigenous complains of noise, tremors and contaminated River in the region.Vale has to pay a fine of $ 1 million for villages

Representatives of the Xikrin and members of the Federal Public Ministry of Pará (MPF/PA) signed this Tuesday, August 9, agreement to using values for the mitigation of damage caused to the community by the performance of Vale in mining Onça Puma project, in the southeast of Pará.

In a statement, Vale reported that the mine of Onça Puma is regularly licensed by Semes and with the attendance of all the constraints established by the environmental agency and by Funai. Vale also said who has been trying to perform the actions of the basic environmental Plan (PBA) inside the Xikrin indigenous area of Cateté, but faces resistance from the natives, who deny access of the company even after determination of the Supreme Court (STF) for execution of the actions of elimination and mitigation of impact.

The compensation was confirmed by the Supreme Court, which held monthly fine of R $ 1 million per village (3), while maintained the non-compliance by the Vale of the implementation of compensatory measures in the villages affected by the undertaking.

To ensure the application of resources in favor of the whole group, the Chamber of the MPF which deals with indigenous peoples and traditional communities and the MPF/PA suggested the construction of a Term Adjustment Conduct (TAC) to define criteria for application of the resource to be released to the community.

“This kills the argument that the Xikrin do not know how to spend the money. The percentage of investment are defined and will be applied to the amount released, “stressed the Attorney General Ubiratan Cazetta. The use of resources was presented to judge Souza Prudente, which will decide on the release of the figures.

According to the proposal, 60% of the value to be received on a monthly basis will be divided to spent on five activities: 15% for routine expenses, 15% for village health, 15% for productive projects and infrastructure. In addition, 10% would be intended for environmental monitoring projects and 5% for Administration of associations. The other 40% would be invested in a Trust Fund for future use, a Managing Council.

“We expect as much, I came so many times to Brasilia to resolve this. We agree with the proposal, “stressed one of the Chiefs present at the meeting. The document was signed by chiefs and representatives of associations of the three Xikrin villages.

According to the natives, the ground enough to shake because of the explosives used in the operation of the enterprise, driving away wildlife and harming the hunt. According to them, the Cateté is completely contaminated, which affects the entire traditional and cultural relationship with nature, fishing and other daily uses, before the fear of worsening of indigenous diseases.

Mineração Onça Puma project is located in the countryside of the municipalities of Parauapebas, São Félix do Xingu and Ourilândia do Norte, in the State of Pará, and was installed with the purpose of producing ferro-nickel.

Check out the note from the Vale in full:

Vale clarifies that the Onça Puma mine, Ourilândia do Norte, is regularly licensed by the Ministry of environment and sustainability of the State of Pará (Semes) and with the attendance of all the constraints established by the environmental agency and the National Indian Foundation (Funai).

Vale clarifies who has still been trying to perform the actions of the basic environmental Plan (PBA) in the interior of the Cateté Indigenous Xikrin but faces an unjustified resistance on the part of the natives, who maintain the company’s access denial, even after determination of the Supreme Court (STF) for execution of the actions of elimination and mitigation of impact. The company explains that it undertook with the MPF to cover the hiring of coach to be appointed by the Commission to monitor, in conjunction with the Xikrin, the work of implementation of PBA. But so far, the Vale has not been informed of the nomination.

The company informs that also failed the technical expertise, determined by the Federal Court of Redemption (Pará), where is the public Civil action filed by the MPF, to identify the source of the alleged contamination of the Cateté River. This decision was determined by the Justice, after taking cognizance of the various technical studies presented by Vale that demonstrated that the possible contamination of the waters of that river to be unrelated with the Onça Puma operation.

It is important to note that the Redemption denied the request for release of funds in favor of the natives, on the lack of elements that show the likelihood of the law intended. This decision is maintained by TRF 1st region and by the Supreme Court, which determines also the Xikrin accountable Associations of value already received, which has not been fulfilled so far.

With respect to the conduct adjustment Term (TAC), Vale considers that the agreement only with the natives and solely with regard to the allocation of financial resources stimulates the litigation, to the extent that generates higher expectation in the villages as the receipt of values that still discusses judicially.

With regard to resource allocations, as proposed in the TAC, the Vale reinforces that already develops productivity and infrastructure projects by the Xikrin community, as well as monthly health insurance Ark that benefits all the inhabitants of the villages, configuring in this way, the assistance provided to Indians by the company. In all, the Valley passes to indigenous about of R$ 13,000,000 per year value fixed monthly by the IPCA.

Finally, Vale confirms that continues waiting for authorization from the Xikrin to access indigenous land in order to deploy the actions defined in the PBA, already approved by Funai, as has been done with the indigenous Kayapo, it developed and implemented by mining company by reason of the operation of Onça Puma.